THE PLIMSOLL MARK

Evening Post, Volume CVIII, Issue 147, 18 December 1924, Page 4

THE PLIMSOLL MARK

A SUBMERGED DISC

THE "SHREVEPORT" CASE

CONVICTION ENTERED,

Reserved decision was given by Mr. E. Page, S.M., to-day in a case in which the Marine Department proceeded against W. A. Hutchins, master of the American steamer Shreveport, for an alleged breach of the'shipping and Seamen Act. Hutchins, was charged that on 24th November, at the port of Wellington, he arrived with his ship so loaded as to submerge in salt water the centre of the disc indicating the Jcad-hne, contrary to section 208 of the Shipping and Seamen Act, ISOB, as amended by section 34 of the Shipping and Seamen Act, 1909: "I am of opinion," said the Magistrate, "that a conviction must be entered in this case. According to the facts stated by counsel, the vessel is owned and registered hi the United States of America. She had been in this part in September last. On her arrival on that trip she had no load-line painted on her. Before she left in September sho was marked with a disc and load-line in accordance with the requirements of section 208 of the Shipping and beauieu Act, 1908, and her master was advised that if she returned to New Zealand her load-line must not be submerged. She returned on 24th November with, her load-line, which was still marked on her, submerged 17 J inches in the water. "Two grounds are taken by counsel in answer to the charge. Sub-section 6 of section 208 of the 1908 Act provides that 'any master of a, British ship arriving in any port in New Zealand and so loaded as to submerge in salt, water the centre of the disc shall be liable

. . . . to a fine.' Section 34 of the 1909 Act provides sections 207 to 212 of the principal Act shall apply to all foreign ships while at any port in New Zealand as they apply to British ships. It is contended that the provisions so far as they relate to foreign ships only apply alter such 6hips have arrived and are at the port, and do not include their condition on arriving. lam unable to accept, this contention. It seems to me that the provisions of section 34, which extend the provisions of the 1908 Act to foreign ships at any port, cover the whole period at the port, including the moment of arrival.

"The second ground taken by counsel has reference to the difficulty in applying the provisions of sub-section 6, section 208, to certain foreign ships. Subsections 1 to 5 of section 208 (which provide that the owner of a British ship proceeding to sea 6hall, a certain time before sailing, mark a disc and load-line in accordance with the taoles used by the Imperial Board of Trade), are copied from section 440 of the English Merchant Shipping Act, 1894.

A LOAD-LINE PBESUMED. "There is no provision in the English Act corresponding to sub-section 6 of our Act. That cub-section, providing as it does that the owner of a British ship may not arrive in a New Zealand port with a loadlino submerged, presumes . the J presence of such a load-line on the ship, ' although there are no statutory requirements in New.Zealand to mark such a line until the vessel is proceeding to sea. No doubt British ships arriving here would, as required by the English Act, have such a load-line. What, howover, is the position of a vessel, whether British or foreign, which may arrive here without a load-line marked on her? She may have come from a port where the marking of a load-line is not required. In the state of facts, which exist in the present case I do not find it necessary to decide this question. The vessel had been here in September, and then had a load-line marked on her. Section 5 of section 209 provides that 'when a ship to which this section applies has been marked with a disc indicating the loadline she shall be kept so marked until her next return to a port of. discharge in New Zealand. A STATDTOEY OBLIGATION, "The section, except sub-sections 3 and 4 thereof, applies to all foreign-going ships, whether British' or foreign, and whether the owner i 3 required to enter them outwards or not. There was therefore a statutory obligation upon the owner of this vessel to keep marked on her until her next return to a port of discharge in New Zealand the disc that was marked on her in September last. "My conclusion is that sub-section 6 of section 208 .implies to all ships (whether British or foreign) in respect of which there is an obligation on the part of the owner to have a disc on the vessel -at the time that she arrives in port. Whether it applies to other cases as well, I do not find it necessary to decide. Defendant will be convicted. A fine of £25 with costs £2 7s was imposed.

Security for appeal was fixed at £10 10s, plus the costs and fine.

At the hearing Mr. J. Prendeville appeared for the Marine Department and Mr. M. Myers, K.C., and Mr. H. F. O'Leary for defendant.